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Contempt of CourtsIn Gyani Chand vs. State of A.P, three-judge Bench comprising Justice Anil R. Dave, Justice Uday Umesh Lalit and Justice L. Nageswara Rao also observed that it would not be fair on the part of a court to give a direction to do something which is impossible and if a person has been asked to do something which is impossible and if he fails to do so, he cannot be held guilty of contempt.Section 15, Contempt of Courts Act : In Vilas V. Sanghai vs. Sumermal Mishrimal Bafna & Anr., it has been held that, if the criminal contempt was of a subordinate Court, the High Court could have taken action only on a reference made to it by the subordinate Court or on a Motion made by the Advocate General and not in pursuance of an application submitted by any other person, that too without obtaining consent of Advocate General. Contract ActThe Supreme Court in Union of India & Anr. Vs. M/S Indusind Bank Ltd., held that the 1997 amendment to the Indian Contract Act, which made … [Read more...] about Supreme Court Monthly Digest of Cases (September 2016)

The Supreme Court today expressed happiness at the steps taken by Kerala in implementing its earlier orders in dealing with acid attacks on women and providing timely relief and compensation A bench headed by justice M Y Eqbal, after accepting an affidavit filed by state counsel Ramesh Babu withdrew the threat of contempt proceedings against Kerala Chief Secretary who was present in the court in response to the summons by the court. The court also dropped proceedings against Karnataka, Madhya Pradesh and Mizoram after they filed affidavits after a lot of delay. The court had on September 9 made it clear that it will not spare any state which is not implementing its earlier orders in dealing with acid attacks on women and not providing timely relief and compensation. The bench slammed the four states including Kerala for not filing affidavits in courts explaining the steps they took in this regard despite repeated directions and accused them of “willful defiance of apex … [Read more...] about Measures to curb Acid Attacks; SC dropped the proceedings against Chief Secretaries of States

The Supreme Court in State of Rajasthan vs. Jag Raj Singh @ Hansa, has held that like Section 42(1) and Section 42(2) of Narcotic Drugs and Psychotropic Substances Act, vitiates the Conviction under the said Act.Division Bench of the Apex Court comprising of Justices Abhay Manohar Sapre and Ashok Bhushan upheld a High Court judgment which had acquitted the accused on this ground.The Bench observed: “The present is not a case where the Station House Officer suddenly carried out search at a public place. The Station House Officer in his statement has also come up with the facts and case to prove compliance of Section 42. When search is conducted after recording information under Section 42(1), the provisions of Section 42 has to be complied with.”Referring to Karnail Singh vs. State of Haryana, the Court further said: “The present is not a case where insofar as compliance of Section 42(1) proviso even an arguments based on substantial compliance is raised there is … [Read more...] about Non-compliance of mandatory provisions for search and seizure under Narcotics Act (NDPS) vitiates conviction: SC [Read Judgment]

In an open court hearing on the review petition filed by State of Kerala and Sumathi, mother of Soumya, against the judgment acquitting Govindaswamy for the murder of Soumya, but convicting and sentencing him for her rape, the Supreme Court told the counsel that it did not pen down its order without asking the searching questions itself about the guilt of the accused.The bench, comprising justices Ranjan Gogoi, Prafulla C. Pant and Uday Umesh Lalit, today told senior counsel, K.T.S.Tulsi and Huzefa A. Ahmadi, representing the review petitioners, that it would grant them more time reluctantly to study the record, only to correct themselves, even if there is a slight mistake on its part, in finding Govindaswamy not guilty of murder.Justice Gogoi first found fault with both Tulsi and Ahmadi, for seeking the hearing today, when they were not fully prepared. Justice Gogoi openly disagreed with Justice Lalit, when the latter said the bench was prepared to … [Read more...] about SC Says It Will Correct Itself Even If There Is A Slight Mistake In Acquitting Govindaswamy For Murder In Saumya Case

“Be you ever so high, the law is above you. Investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed expeditiously”. [Vineet Narain Vs. Union of India AIR 1998 SC 889 ; (1998) 1 SCC 226].A two Judge Bench of Supreme Court in Anil Kumar and Others v. M. K. Aiyappa and Another [2013 (10)SCC 705 ] held that a Special Judge / Magistrate cannot refer a Complaint for investigation under S.156(3) of the CrPC against a Public Servant without a valid sanction order from the Government. The Bench was considering the question whether the Special Judge/Magistrate is justified in referring a private complaint made under Section 200 CrPC for investigation by the Deputy Superintendent of Police — Karnataka Lokayukta, in exercise of powers conferred under Section 156(3) CrPC without the production of a valid sanction order under Section 19 of the Prevention of … [Read more...] about Sanction for referring a Complaint (against public servant)for investigation under S.156(3) of the CrPC – Anil Kumar’s Case [(2013)10 SCC 705] is per-incurium

A two Judge Bench of the Supreme Court Today has issued Guidelines relating to the Appointment of Government Law Officers. The Bench comprising of Chief Justice T.S.Thakur and Justice Kurian Joseph was primarily examining the question ‘Whether appointment of law officers by the State Governments can be questioned or the process by which such appointments are made, can be assailed on the ground that the same are arbitrary, hence, violative of the provisions of Article 14 of the Constitution of India?’ Answering the question in the affirmative the Court has issued following Guidelines(i) The Government and so also all public bodies are trustees of the power vested in them.(ii) Discharge of the trust reposed in them in the best possible manner is their primary duty.(iii) The power to engage, employ or recruit servants, agents, advisors and representatives must like any other power be exercised in a fair, reasonable, non-discriminatory and objective manner.(iv) The duty to act … [Read more...] about Arbitrary Appointments of Govt. Law Officers are subjected to Judicial Review; SC issues Guidelines on ‘Appointment of Govt. Lawyers’ [Read Judgment]

Expressing its disappointment over the “shoddy, casual, laconical and insensitive” investigation conducted by the police in a case wherein the accused was ultimately acquitted by the Supreme Court of all charges in an appeal preferred against the concurrent findings of guilt entered against him by the courts below, the Supreme Court has in a judgment rendered today sought to remind the investigating agencies of their responsibility of securing the safety and security of the citizens and in the process, act as the protector of human rights.The Apex Court emphasized that as a criminal offence is a crime against the society, the investigating agency has a sanctified, legal and social obligation to exhaust all its resources, experience and expertise to ferret out the truth and bring the culprit to book.“The police force with the power and resources at its disposal is a pivotal cog in the constitutional wheel of the democratic polity to guarantee the … [Read more...] about Police has a Sanctified Legal and Social Obligation to ferret out the truth and bring the Culprit to the book: SC [Read Judgment]

Supreme Court today asked bar bodies to come forward and suggest ways to fine-tune the method of designating lawyers as ‘senior’ advocates and also assist in evolving firm criteria for the exercise.Appointing Attorney General Mukul Rohatgi as amicus curiae to hear the petition filed by senior lawyer and former Additional Solicitor General Indira Jaising seeking a judicial scrutiny of the process adopted by the apex court while appointing lawyers as senior advocates, a bench of justice T S Thakur and justice V Gopala Gowda said “Bar members may tell us the correct way to do it if there are discrepancies”.Jaising has termed the present process as opaque, arbitrary and fraught with nepotism.“Is there any criteria for it ? If there is no criteria, then what can be done”, you all shall sit together and decide. Let the Bar be not divided. Sit together and evolve a consensus. The Attorney General may take various shades of opinion and file a … [Read more...] about Hold talks with Bar bodies and evolve ‘Senior’ designation rules: SC to ‘amicus’ Rohatgi

A 17 judge bench of the Supreme Court of Pakistan (SC) on Wednesday by majority of 11 against 6 upheld the 21st amendment to the Constitution of Pakistan providing for the establishment of military courts in Pakistan. The Court by a comprehensive majority of 14 against 3 also dismissed petitions challenging the 18th amendment to the Constitution. The 17-judge bench was presided over by the Chief Justice of Pakistan Nasirul Mulk.Pakistan’s Parliament had passed the 21st Amendment extending the jurisdiction of the Military Courts to try certain class of civilians after Taliban gunmen massacred 134 children at the Army Public School in Peshawar, last year.Parliament’s move to create special courts had sparked concern amongst human rights activists and in April a group of lawyers had approached Pakistan’s Supreme Court challenging the said 21st constitutional amendment.The 18th Amendment to the Constitution provided for the establishment of a judicial commission and … [Read more...] about Pak SC upholds setting up of military courts to try civilians; says vires of constitutional amendment can be examined

The Supreme Court has set aside the judgment (State of Rajasthan vs. Jainudeen Shekh and Anr.) passed by the trial court (which was affirmed by the Rajasthan High Court) granting compensation under Section 250 of the Cr.P.C., of an amount of Rs.1,50,000/- to each of the respondents who had been arraigned as accused for the offences punishable under Sections 8/21(B) and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the ground that there was delay in obtaining the report from the Forensic Science Laboratory and further that the test showed that the seized items did not contain any contraband article and, therefore, they had suffered illegal custody.The facts of the case were as follows: On 02.11.2011, PWs 4 to 6 police officers while carrying on patrolling duty, noticed the two accused persons together and seeing the police vehicle, accused Jainuddin speedily moved towards the kachcha passage near Mangal Pandey circle and on a query being made, he could … [Read more...] about SC sets aside concurrent findings of courts below awarding compensation to accused for Malicious Prosecution [Read the Judgment]